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Charles F Forer

Charles F Forer

December 14, 2018 | The Legal Intelligencer

What Does Functus Officio Have to Do With Ambiguous Arbitration Awards?

Bob's adversary Roger was puzzled by the arbitrator's award. “I think we got what we wanted,” Roger told his client. But Roger was not sure. Why? The award said Roger's client won. That surely was good news.

By Charles F. Forer

8 minute read

October 22, 2018 | The Legal Intelligencer

Losing the Right to Arbitrate by Waiving the Right to Arbitrate

Bob had his client's orders: “Don't make life easy for the other side. Make them earn their right to arbitrate their claims.” This looked like an easy assignment because Bob thought he had valid grounds to be a stickler here.

By Charles F. Forer

6 minute read

August 20, 2018 | The Legal Intelligencer

Problems With Party-Appointed Arbitrators

Another loss at an arbitration hearing for Bob. Within a few days, Bob figured out what happened: the loss was due to a partial and biased arbitrator who had concealed her connections to Bob's adversary.

By Charles F. Forer

9 minute read

June 25, 2018 | The Legal Intelligencer

Can You Get Post-Arbitration Discovery to Show Arbitrator Bias?

It was not the first time. Bob had lost arbitration cases before. But this one was different. Bob was sure the arbitrator had a longstanding relationship with Bob's adversary.

By Charles F. Forer

2 minute read

April 16, 2018 | The Legal Intelligencer

Appealing a Trial Court's Refusal to Disqualify an Arbitrator

Having started on the arbitrator-disqualification road and having started the process of (unintentionally) aggravating the arbitrator, Bob concluded he now had no practical choice. He had to go to court to seek to disqualify the arbitrator.

By Charles F. Forer

7 minute read

February 12, 2018 | The Legal Intelligencer

Can You Seek Summary Judgment in an Arbitration Proceeding?

The United States Arbitration Act establishes by statute the desirability of arbitration as an alternative to the complications of litigation.

By Charles F. Forer

7 minute read

January 08, 2018 | The Legal Intelligencer

When Is Arbitration Too Expensive? Financial Ability Is a Consideration

Whenever Bob discusses arbitration with a client, he talks about the advantages of avoiding court proceedings. His first words always are, “You save so much money.” Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides.

By Charles F. Forer

7 minute read

December 18, 2017 | The Legal Intelligencer

How Confidential Are Arbitration Proceedings Anyway?

Everyone thinks arbitration proceedings are automatically confidential and that the participants cannot blab about them to others.

By Charles F. Forer

7 minute read

October 23, 2017 | The Legal Intelligencer

Appealing an Arbitration Award—to Court or to an Arbitral Tribunal?

Nothing is easy or expeditious when it comes to the arbitration agreements that Bob drafts. He spends lots of time and lots of his clients' money to incorporate all kinds of so-called protective provisions. “This way,” he tells clients, “I get the best and avoid the worst of arbitration.”

By Charles F. Forer

7 minute read

August 21, 2017 | The Legal Intelligencer

Perjury at an Arbitration Hearing—Grounds to Vacate?

The Federal Arbitration Act (FAA) permits a court to vacate an ­arbitration award "where the award was procured by corruption, fraud or undue means," 9 U.S.C. Section 10(a)(1). The Pennsylvania Uniform Arbitration Act says pretty much the same thing—a court can ­vacate an arbitration award if "fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award."

By Charles F. Forer

7 minute read